If a development has taken place which affects the use and enjoyment of your property, you can take immediate steps to rectify the problem. This type of development can arise as a result of another property being built without proper planning permission being obtained, or in circumstances where someone has encroached onto your property and/or interfered with your boundaries/walls/ right to light or indeed your right of way.
An immediate application can be made to the Circuit or High Court, in which you are entitled to seek an Injunction halting the unauthorised development, and where necessary a Mandatory Injunction restoring the property or building to its original state. Applications to Court can also be made on your behalf to prevent trespass on or unlawful interference with your property.
We at Burns Nowlan have been involved in many such successful applications on behalf of clients. In addition, we have also previously succeeded in having a grant of Planning Permission quashed as a result of issuing High Court Judicial Review proceedings against a County Council. In one particular case an Order was ultimately obtained from the High Court, requiring that a development be demolished and the land restored to its original condition.
There is a legal requirement that you must act immediately such an interference occurs, and bring the matter to the immediate attention of the Courts. Delay can prove fatal to the protection of your rights.
In addition if you feel that an unauthorised development has taken place:-
- Report the matter in writing to your Local Authority. Request an immediate response and keep a copy of your letter and evidence of posting.
- Notify the person/company who you believe is responsible and ask that the development cease immediately.
- Take photographs if possible.
You can be assured that you will receive from us immediate attention and specific advice as to how your problem can be resolved speedily and successfully.